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MOORE v. CLARKE

No. 86-1996.

821 F.2d 518 (1987)

James Ray MOORE, Appellant, v. Harold CLARKE, Gary Grammer, and Frank O. Gunter, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 26, 1987.

Attorney(s) appearing for the Case

Roy Sheaff, Lincoln, Neb., for appellant.

Susan M. Ugai, Asst. Atty. Gen., Lincoln, Neb., for appellees.

Before LAY, Chief Judge, ARNOLD and WOLLMAN, Circuit Judges.

ARNOLD, Circuit Judge.

This is an action under 42 U.S.C. § 1983 brought by James Ray Moore, a prisoner in the Nebraska State Penitentiary, against three prison administrators, Harold Clarke, an Associate Warden, Gary Grammer, the Warden, and Frank O. Gunter, Director of the Nebraska Department of Corrections.1 The District Court dismissed the complaint for failure to state a claim under Fed.R.Civ.P. 12(b)(6). We hold that the complaint...

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